(영문) 서울중앙지방법원 2015.11.25 2015고단2660

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(영문) 서울중앙지방법원 2015.11.25 2015고단2660

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants conspired to pretend that they would transfer the name of the lessee under the real estate lease agreement to F without permission of E, the owner of the commercial building located in Jongno-gu Seoul Metropolitan Government, where Defendant A is the former owner of the commercial building.

Therefore, on March 31, 201, the Defendants conspired to act on the commercial building above, and on March 31, 201, Defendant A forged the real estate lease agreement in the name of E, a private document for rights and obligations, by stating in the column of deposit for the site for the real estate lease contract, “Won 70,000” and in the column of lessor G2-202 and E, “Seoul Seongbuk-gu G2-202 and E” and affixing the seal on the name side of E, and in the column of lessee, Defendant B forged the real estate lease agreement in the name of E, a private document for the rights and obligations of the owner of the building.

2. Around March 31, 2011, the Defendants conspired to use the said investigation document and delivered the forged real estate lease contract to F, who was unaware of the fact, as if it were duly formed.

3. In collusion, the Defendants would transfer to the victim F the name of the lessee under the lease agreement equivalent to KRW 70 million as security if the Defendants were to lend KRW 50 million to the victim F.

"Along with the false representation, the above forged real estate lease contract was issued to the victim F, and the defendant B committed as if the owner of the building was E in the next place.

However, in fact, the Defendants did not have obtained the consent for the transfer of the tenant name from E, the owner of the building.

Nevertheless, the Defendants deceiving the victim as above and received 50 million won from the victim as the borrowed money.

Summary of Evidence

1. Defendants’ respective statements in the second protocol of trial;

1. Each police statement with respect to F. F.

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